Rayvern Green v. Warden McCall, No. 13-6918 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6918 RAYVERN EARL GREEN, formerly inmate 340900, Plaintiff - Appellant, v. WARDEN M. MCCALL, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Greenville. J. Michelle Childs, District Judge. (6:13-cv-00503-JMC) Submitted: July 25, 2013 Decided: July 30, 2013 Before GREGORY, DAVIS, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Rayvern Earl Green, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rayvern court s order failing to prosecute. Earl Green dismissing comply with his seeks to complaint orders of the appeal without court the district prejudice and failing for to This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54546 (1949). order nor The order Green seeks to appeal is neither a final an appealable interlocutory or collateral order. Green may be able to reopen his case by filing a motion in the district court and complying with the court s order. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993). lack of jurisdiction. Accordingly, we dismiss the appeal for We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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